Opinion
No. 2011–3066 K C.
2013-10-8
GREAT HEALTH CARE CHIROPRACTIC, P.C. as Assignee of Tiffanie Rogers, Respondent, v. INTERBORO INSURANCE COMPANY, Appellant.
CPLR 3101(a) provides for “full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof.” Parties to an action are entitled to reasonable discovery “of any facts bearing on the controversy which will assist preparation for trial by sharpening the issues and reducing delay and prolixity” (Allen v. Crowell–Collier Publ. Co., 21 N.Y.2d 403, 406 [1968];see Traditional Acupuncture, P.C. v. State Farm Ins. Co., 24 Misc.3d 129[A], 2009 N.Y. Slip Op 51335[U] [App Term, 2d, 11th & 13th Jud Dists 2009] ). As defendant is defending this action on the ground, among others, that the services rendered lacked medical necessity, the order, insofar as appealed from, is reversed, and the branch of defendant's motion seeking to compel plaintiff to produce its treating chiropractor for a deposition is granted.